[Federal Register Volume 79, Number 157 (Thursday, August 14, 2014)]
[Rules and Regulations]
[Pages 47579-47585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19285]
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DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED-2014-OSERS-0024; CFDA Number: 84.315C.]
Final Priorities; Rehabilitation Services Administration--
Capacity Building Program for Traditionally Underserved Populations--
Vocational Rehabilitation Training Institute for the Preparation of
Personnel in American Indian Vocational Rehabilitation Services
Projects
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Final priorities.
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SUMMARY: The Assistant Secretary for Special Education and
Rehabilitative Services announces two priorities under the Capacity
Building Program for Traditionally Underserved Populations administered
by the Rehabilitation Services Administration (RSA). The Assistant
Secretary may use one or more of these priorities for competitions in
fiscal year (FY) 2014 and later years. Priority 1 establishes a new
vocational rehabilitation (VR) training institute for the preparation
of personnel in American Indian Vocational Rehabilitation Services
(AIVRS) projects (the Institute). Priority 2 requires a partnership
between a four-year institution of higher education (IHE) and a two-
year community college or tribal college. This partnership is designed
to successfully implement the VR training Institute established in
Priority 1. In addition, the partnership agreement required under
Priority 2 provides a brief description of how the partnership will be
managed, the partners' roles and responsibilities and a strategy for
sustaining the partnership after the Federal investment ends.
DATES: Effective Date: These priorities are effective September 15,
2014.
FOR FURTHER INFORMATION CONTACT: Kristen Rhinehart-Fernandez, U.S.
Department of Education, 400 Maryland Avenue SW., Room 5027, Potomac
Center Plaza (PCP), Washington, DC 20202-2800. Telephone: (202) 245-
6103 or by email: [email protected].
If you use a telecommunications device for the deaf (TDD) or a text
[[Page 47580]]
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION: Purpose of Program: The Capacity Building
Program for Traditionally Underserved Populations under section
21(b)(2)(C) of the Rehabilitation Act of 1973, as amended
(Rehabilitation Act) (29 U.S.C. 718(b)(2)(C)), provides outreach and
technical assistance (TA) to minority entities and American Indian
tribes to promote their participation in activities funded under the
Rehabilitation Act, including assistance to enhance their capacity to
carry out such activities.
Program Authority: 29 U.S.C. 718(b)(2)(C).
We published a notice of proposed priorities for this competition
in the Federal Register on June 11, 2014 (79 FR 33486). That notice
contained background information and our reasons for proposing the
particular priorities.
Public Comment: In response to our invitation for public comment in
the notice of proposed priorities, 10 parties submitted comments.
We group major issues according to subject. Generally, we do not
address technical and other minor changes. In addition, we do not
address comments that raised concerns not directly related to the
proposed priorities.
There are differences between the proposed priorities and these
final priorities as discussed under Analysis of Comments and Changes.
We made several changes to strengthen and clarify the priorities.
Specifically, the revised priorities require the Institute to consult
with appropriate and relevant entities in developing and providing
training and TA to AIVRS projects; ensure that all materials developed
reflect the AIVRS target population and diversity among its communities
to the maximum extent possible; provide training through a variety of
delivery methods so as not to exclude any participants and to meet the
needs of the particular community served to the maximum extent
possible; and ensure that training focused on effective communication
with business reflects the marketplace of tribal communities. Further,
we clarify the Institute's role, the target audience for this project,
and the requirements for awarding a VR certificate. Finally, we
substantially revise Priority 2 in order to clarify its purpose,
requirements, and intended outcomes, and how applicants are to respond
to this priority in the application.
Analysis of Comments and Changes: An analysis of the comments and
of any changes in the priorities since publication of the notice of
proposed priorities follows.
Comment: A number of commenters recognized the work of the
Consortia of Administrators for Native American Rehabilitation (CANAR)
and its TA project currently funded by RSA, Tribal Vocational
Rehabilitation Continuous Improvement for Rehabilitation Counselors,
Leaders, and Educators (TVR-Circle). Commenters suggested that, for the
Institute to be effective, those already working, or with significant
experience, in the field of tribal VR should be involved in the
development of the curriculum for this project as well as in making
decisions regarding methods of delivering the curriculum. Commenters
suggested that a Native American-led entity with a national focus, such
as CANAR, should serve as the lead consultant for the Institute.
Discussion: We agree that CANAR's TVR Circle currently serves as a
valuable resource not only in understanding cultural competencies, but
also in providing TA, organizational development, and educational
training activities that are focused on the needs of AIVRS projects.
Priority 1 does not require a lead entity or consultant for this
project, other than the Institute. Priority 1 requires the Institute to
conduct outreach activities and consult with appropriate and relevant
entities in developing and providing training and TA to AIVRS projects.
Changes: We added language to the introductory paragraph of
Priority 1 to clarify the role of the Institute, which includes
conducting outreach activities and consulting with appropriate and
relevant entities in developing and providing training and TA to AIVRS
projects.
Comment: Several commenters emphasized the need for greater focus
on the inclusion of cultural competencies within the priorities.
Specifically, commenters stated that the Institute must ensure that its
products, curriculum, and deliverables reflect the AIVRS target
population, especially the diversity among American Indian and Native
Alaskan communities. In addition, commenters noted that an
understanding of how to deliver VR services within a particular
cultural context is a critical component of the AIVRS program.
Discussion: Priority 1 requires the Institute to develop a
structured program of training in a culturally appropriate manner.
Priority 1 also states that the Institute must provide culturally
relevant training that goes beyond technical compliance with the
program statute and regulations applicable to the AIVRS program
(Section 121 of the Rehabilitation Act, 34 CFR parts 369 and 371, and
EDGAR). However, we believe that this priority should also specify that
the products, curriculum, and deliverables must also reflect the AIVRS
target population.
Change: We added a sentence to the introductory paragraph of
Priority 1 to emphasize the importance of reflecting the AIVRS target
population and diversity among its communities in all materials
developed by the Institute to the maximum extent possible.
Comment: A commenter requested clarification as to whether the TA
mentioned in Priority 1, paragraph (e), which requires the applicant to
identify innovative methods and strategies for supporting AIVRS
personnel when they have completed their training, and the TA mentioned
in Priority 1, paragraph (g), which requires applicants to describe a
plan to provide follow-up TA, either virtually or on-site to
participants, applies to AIVRS projects seeking TA or only to
participants who received training through the Institute.
Discussion: It is important to distinguish between TA to be
provided by the Institute and TA currently provided by the TVR Circle.
The follow-up TA described in paragraphs (e) and (g) of Priority 1
states that it is for participants who have completed the structured
program of training delivered by the Institute. The target audience for
this structured program of training is AIVRS project personnel with
little or no experience in VR processes and practices. By contrast, the
TA provided by the TVR Circle is intended to improve the performance of
AIVRS grantees that are determined to be ``at risk'' by the Department.
Because both paragraphs (e) and (g) describe the follow-up as occurring
only after successful completion of the structured program of training,
we believe the priority is clear as written.
Change: None.
Comment: Several commenters recommended a diverse model for
delivering the structured program of training to meet the needs of the
target audience. Some commenters raised a concern that many AIVRS
projects are located in rural and remote communities that present
challenges to providing in-person training. In addition, commenters
stated that, although web-based training is cost effective, it may not
be the best option for all projects, as reliable Internet access may
not be available in many tribal communities. Commenters suggested
different methods of offering training such as on-line, in a
traditional classroom setting, or at regional trainings throughout the
country as an extension of national conferences. In
[[Page 47581]]
addition, commenters suggested that grant funds be used to cover the
costs of participant travel in order to ensure that AIVRS project funds
are used for program services.
Discussion: We agree that training should be offered through a
variety of delivery methods so as not to exclude any participants and
to meet the needs of the particular community served as much as
possible. Priority 1, as proposed, stated that the series of trainings
may be offered in person, through distance learning, or through a
combination of the two. In addition, the U.S. Department of Education
General Administrative Regulations (EDGAR), and government-wide
requirements, including applicable Office of Management and Budget
(OMB) cost principles, provides general guidance regarding costs and
cost-related issues and requirements related to travel. The cost
principles do not preclude grant funds from being used to offset costs
associated with travel, such as transportation or lodging. However, we
want to stress that travel expenses must be reasonable and should be
used to ensure that AIVRS project personnel located in remote areas of
the country are able to participate in the Institute.
Change: In order to adequately address that the training should be
offered through a variety of delivery methods, we added language in the
introductory paragraph in Priority 1 to clarify that training may be
offered in a traditional classroom setting, through distance learning,
through week-long institutes, at regional trainings throughout the
country as an extension of national conferences, and through other
delivery methods, as appropriate, to meet the needs of the targeted
audience. We also revised Priority 1 to specify that grant funds may be
used to provide reasonable financial assistance to offset costs
associated with travel for participants who may be located in remote
areas of the country.
Comment: Some commenters asked whether RSA intends for the
Institute to award an academic certificate or a non-academic
certificate. Commenters indicated that an academic certificate is
transferable to an Associate of Arts degree, an undergraduate degree,
or a graduate degree, while a non-academic certificate may impart
knowledge, skills, and abilities but will not benefit the AIVRS
personnel in furthering their academic credentials and professional
credibility.
Discussion: Priority 1 does not distinguish between an academic and
a non-academic certificate. It is our intent that a VR certificate,
academic or non-academic, represent more than successful completion of
the program. The VR certificate demonstrates that a participant has
received the foundational VR knowledge and skills in the provision of
VR services and is able to provide appropriate, effective, and
culturally relevant VR services to American Indians with disabilities
to prepare for, and engage in, gainful employment consistent with their
informed choice. A VR certificate could be used by participants to
further their pursuit of a post-secondary degree. For example, an
applicant could propose to award college credit to a participant who
meets the requirements and criteria established for a VR certificate,
which may then be used by the participant to support an application to
a four-year IHE that offers an undergraduate degree in VR counseling.
However, it is up to the applicant to determine whether the Institute
will award an academic or non-academic certificate. Further, the
applicant must establish requirements and criteria for obtaining the VR
certificate and define how the certificate may be used by participants,
if desired, to pursue an advanced degree.
Change: In order to clarify the purpose of a VR certificate, we
added language to the introductory paragraph of Priority 1 to clarify
that the Institute may determine whether the VR certificate awarded
will be academic or non-academic, the requirements for obtaining such a
certificate, and how the certificate may be used by participants who
earn it.
Comment: Commenters raised concerns regarding excessively high
unemployment and an overall lack of industry in many tribal communities
and how those issues may affect the training topic specified in
Priority 1 to focus on effective communication with business.
Commenters suggested that the content in this topic be expanded to
include approaches for developing relationships and working with
entrepreneurs, small businesses, and cooperative businesses that may
offer emerging employment opportunities for tribal members with
disabilities.
Discussion: We recognize the commenters' concerns related to high
unemployment and accept their proposed suggestions for expanding the
topic focused on effective communication with business to include
working with entrepreneurs, small businesses, and cooperative
businesses.
Change: In order to ensure that the training module titled
``Effective Communication with Business'' is an accurate representation
of the marketplace in tribal communities, we expanded the first
sentence of Priority 1, paragraph (a)(3), to include all types of
businesses, especially entrepreneurs, small businesses, and cooperative
businesses that may offer employment opportunities for tribal members
with disabilities.
Comment: None.
Discussion: In our own review of the priorities, it became apparent
that paragraph (h)(4) of Priority 1 is unclear and that the language in
that paragraph does not meaningfully add to the requirements for the
priority. Therefore, we are removing this language.
Change: In Priority 1, paragraph (h)(4) is removed. Therefore,
paragraph (h)(5) in Priority 1 is renumbered as paragraph (h)(4).
Comment: A few commenters requested clarification regarding whether
Priority 2 is a subset of Priority 1 and whether applicants will be
required to meet both priorities.
Discussion: We believe that the Institute, as proposed, must be
developed and delivered through collaboration between a four-year IHE
and a two-year community college or tribal college. We believe that the
priorities, as written, are clear.
Change: None.
Comment: A few commenters requested clarification regarding
Priority 2, which, as proposed, requires collaboration between a four-
year IHE and a two-year community college or tribal college. Commenters
inquired as to whether other partners, in addition to a four-year IHE
and a two-year community college or tribal college, could be involved
in a collaboration agreement.
Discussion: In Priority 2, as proposed, we require collaboration
between a four-year IHE and a two-year community college or tribal
college. The collaboration may be expanded to include other relevant
partners to support the goals and expected outcomes of this project,
such as a business. However, the collaboration must include, at a
minimum, a four-year IHE and a two-year community college or tribal
college. We believe that the priority is clear as written.
Change: None.
Comment: None.
Discussion: In our own review of the priorities and the comments we
received, it became clear that applicants could benefit from additional
details and clarification about our requirements in Priority 2.
Therefore, we revised the priority to clarify its purpose,
requirements, intended outcomes, and how applicants are to respond to
the priority. First, the purpose of Priority 2 is to require a
partnership between a four-year IHE and a two-year
[[Page 47582]]
community college or tribal college to effectively implement the
requirements of Priority 1. We believe that community colleges or
tribal colleges are uniquely suited to provide the type of customized
instruction necessary to meet the requirements of Priority 1. In
addition, the involvement of a four-year IHE will improve the
instruction by providing access to faculty who possess a breadth of
knowledge and experience in the field of VR. Therefore, applicants will
respond to Priority 2 by demonstrating, in the narrative portion of
their application, that the Institute reflects a collaboration of
knowledge, experience, skills, faculty, curriculum, resources, and
technology between a four-year IHE and a two-year community college or
tribal college in order to deliver a high-quality structured program of
training on foundational VR knowledge and skills in a culturally
appropriate manner.
Second, Priority 2, as proposed, was written to require
collaboration between a four-year IHE and a two-year community college
or tribal college. We replaced the term ``collaboration'' in the
proposed priority with the term ``partnership'' in the final priority
in order to better reflect the type of relationship that we intended
between the four-year IHE and the two-year community college or tribal
college. In addition, Priority 2, as proposed, was written to require a
formal agreement between a four-year IHE and a two-year community or
tribal college. We replaced the term ``formal agreement'' with the term
``partnership agreement'' in order to better reflect the purpose of the
priority. In Priority 2, the partnership agreement is required to be
submitted in addition to the narrative portion of the application.
Third, Priority 2, as proposed, would have given the Secretary
discretion to require the formal agreement to include the signatures of
the president and chief financial officer from the four-year IHE and
the two-year community college or tribal college. However, after
review, we concluded that it is essential that the partnership
agreement contain the signatures of the president and chief financial
officer of both parties, and we make this a mandatory component of the
agreement. In addition, we concluded that the remaining four elements
of the agreement are also critical to ensuring that the partnership is
able to effectively implement the requirements in Priority 1 and meet
the goal of the Institute. Therefore, the partnership agreement
described in Priority 2 must contain all four components, three of
which we revised to clarify and streamline the applications.
Finally, a component in Priority 2, as proposed, required the
formal agreement to include in-kind or financial contributions from
both parties. However, because there are no matching requirements in
this program, we revised this component to make clear that these
contributions are not required. Another component in Priority 2, as
proposed, required the formal agreement to include a plan to sustain
the partnership after the Federal investment ends. We revised this
requirement for the partnership agreement in the final priority to
require applicants to provide a brief strategy to sustain the
partnership after the Federal investment ends.
Change: Priority 2 is revised to clarify the requirements for the
partnership between a four-year IHE and two-year community college or
tribal college, including its objective of delivering a high-quality
structured program of training on foundational VR knowledge and skills
in a culturally appropriate manner. Priority 2 also is revised to
require a partnership agreement, which must be signed by the president
and chief financial officer of both parties. The required partnership
agreement must include a brief description of how the partnership will
operate each year during the five-year grant period of performance. The
agreement must also describe how information regarding the progress of
the grant, as well as any issues and challenges, will be communicated;
what steps will be taken to resolve conflicts; the roles,
responsibilities, and deliverables of each party; and the arrangements,
if any, for supporting the program with resources, that are not paid
for by the award; and include a brief strategy to sustain the
partnership and the structured training program after the Federal
investment ends.
Final Priorities
Priority 1: Vocational Rehabilitation Training Institute for the
Preparation of Personnel in American Indian Vocational Rehabilitation
Services Projects
The Assistant Secretary for Special Education and Rehabilitative
Services establishes a priority to support one Institute under section
21(b)(2)(C) of the Rehabilitation Act of 1973, as amended--the
Vocational Rehabilitation (VR) Training Institute for the Preparation
of Personnel in American Indian Vocational Rehabilitation Services
(AIVRS) Projects (the Institute). The Institute will provide a
structured program of training in vocational rehabilitation (VR) to
current personnel of the AIVRS projects to improve the delivery of VR
services to American Indians with disabilities. The Institute will
conduct outreach activities and consult with appropriate and relevant
entities in developing and providing training and TA to AIVRS projects.
All products, curricula, and deliverables developed by the Institute
must reflect the AIVRS population and diversity among its communities
to the maximum extent possible. The Institute will consist of a series
of trainings specifically geared towards building foundational skills
that, when satisfactorily completed, will lead to a VR certificate
awarded by the Institute. The Institute may determine whether the VR
certificate awarded will be academic or non-academic, the requirements
for obtaining such a certificate, and how the certificate may be used
by participants who earn it. The series of trainings may be offered in
a traditional classroom setting, through distance learning, through
week-long institutes, at regional trainings throughout the country as
an extension of national conferences, and through other delivery
methods, as appropriate, to meet the needs of the targeted audience. In
addition, grant funds may be used to provide reasonable financial
assistance to offset costs associated with travel for participants who
may be located in remote areas of the country. The Institute will
conduct an assessment before and after providing training for each
participant in order to assess strengths and specific areas for
improvement, educational attainment and application of skills, and any
issues or challenges to be addressed post-training to ensure improved
delivery of VR services to American Indians with disabilities. The
Institute will provide follow-up TA to participants to address any
issues or challenges that are identified post-training and to ensure
that the training they received is applied effectively in their work
setting. Finally, the Institute will conduct an evaluation to obtain
feedback on the training and follow-up TA and to determine whether this
improvement contributed to increased employment outcomes for American
Indians with disabilities.
The Department will award this grant as a cooperative agreement to
ensure that there is substantial involvement (i.e., significant
communication and collaboration) between RSA and the grantee in
carrying out the activities of the program (34 CFR 75.200(b)(4)).
In coordination with the Department, the Institute must, in a
culturally appropriate manner:
[[Page 47583]]
(a) Develop a structured program of training on foundational VR
knowledge and skills that will lead to AIVRS personnel earning a VR
certificate. The training would include, at a minimum: vocational
assessment, determination of applicant eligibility, development of an
individualized plan for employment (IPE), the acquisition and use of
assistive technology, and obtaining and using up-to-date labor market
information to understand the local economy and effectively match the
skills of AIVRS consumers with the needs of employers. The Institute
must provide culturally relevant training that goes beyond technical
compliance with the program statute and regulations applicable to the
AIVRS program (Section 121 of the Rehabilitation Act, 34 CFR Parts 369
and 371, and EDGAR) and focuses on providing the basic foundational
skills necessary to improve counseling and VR services provided by
AIVRS personnel. The training topics must include, at a minimum:
(1) Introduction to VR: An orientation to the field of VR,
addressing in general terms the various disabilities a VR counselor is
apt to encounter working in an AIVRS project. The training developed by
the Institute must teach AIVRS personnel to understand the nature of a
significant disability and the complexities a person with such a
disability experiences and must teach how various disabilities affect
an individual's ability to participate in competitive employment;
(2) Effective communication with AIVRS consumers including:
Identification of approaches to, techniques for, and relevant examples
of developing trust and rapport with individuals with a disability;
appropriate conduct when engaging with individuals with a disability;
and interacting with members of the tribal council;
(3) Effective communication with business including: Identification
of approaches to, techniques for, and relevant examples of building and
maintaining relationships with all types of businesses, especially
entrepreneurs, small businesses, and cooperative businesses that may
offer emerging employment opportunities for tribal members with
disabilities. This training topic includes educating potential
employers about how reasonable accommodations and assistive technology
can be used to support effectively the employment of individuals with
disabilities. The Institute must also teach participants how to obtain
accurate labor market information on available employment opportunities
in their State and local area, and how to identify education, technical
requirements, and necessary skill sets for the jobs available;
(4) Conducting a vocational assessment and determining eligibility:
How to obtain and evaluate necessary medical and other documentation
and the results of assessments that may have been conducted by entities
other than the AIVRS project. The Institute must teach AIVRS personnel
how to use appropriate assessment tools that assist in determining an
individual's eligibility for VR services and in developing an IPE;
(5) Managing caseload: How to manage cases so that information can
be retrieved and communicated to the AIVRS consumer in a timely manner.
The Institute must teach AIVRS personnel how to create, manage, and
appropriately close consumer case files;
(6) Development of an IPE: How to plan and provide VR services that
lead to meaningful employment opportunities that are at appropriate
skill levels and consistent with the consumer's abilities, interests,
and informed choice; and
(7) Development of job-seeking skills: Identification of approaches
to, techniques for, and relevant examples of improving job-seeking
skills. This includes resume preparation, practicing interview skills,
networking, navigating job sites, targeting job searches, and other
effective skills that will lead to job placement for AIVRS consumers.
(b) Develop a course syllabus that describes the proposed sequence
of topical training.
(c) Develop a training module for one of the seven topics in
paragraph (a) to serve as an example for how participants will be
trained in that area.
(d) Develop a recruitment and retention plan that describes how the
Institute will conduct outreach activities and recruitment efforts to
enroll current AIVRS personnel in the Institute. Current AIVRS staff
may nominate themselves or be nominated by the AIVRS project director
to participate in the Institute. The plan must also describe how the
Institute will provide academic support and counseling for AIVRS
personnel to ensure successful completion, as well as steps that will
be taken to provide assistance to AIVRS personnel who are not
performing to their fullest potential in the Institute's structured
program of training.
(e) Identify innovative methods and strategies for supporting AIVRS
personnel when they have completed the training, including a plan for
maintaining regular contact with AIVRS personnel upon successful
completion of the structured program of training and providing follow-
up TA on various situations and settings encountered by AIVRS personnel
in working with American Indians with disabilities, as well as TA on
effective programmatic and fiscal management of an AIVRS project.
(f) Develop an assessment tool for use by the Institute before and
after the training. The assessment must identify the strengths and
specific areas in which participants need to improve prior to the
beginning of the training. In addition, 90 days after the training is
completed, the assessment must evaluate the attainment of skills,
demonstrated application of those skill sets, and any issues or
challenges for participating AIVRS personnel that may impact improved
delivery of VR services to American Indians with disabilities. The
Institute must administer the assessment tool and provide a copy to
participants. The Institute must also ensure that the results are
reviewed with participating AIVRS personnel and shared with their
respective Directors.
(g) Describe a plan to provide follow-up TA, either virtually or
on-site, to participants. The purpose is to ensure that the training
that AIVRS personnel received is applied effectively in their work
settings and addresses any issues or challenges identified as a result
of the assessment that is conducted 90 days after the training is
completed.
(h) Describe how the Institute will be evaluated. Such a
description must include:
(1) How the Institute will determine its impact over a period of
time on improving the delivery of VR services to American Indians with
disabilities and increasing employment outcomes;
(2) How input from AIVRS project directors will be included in the
evaluation;
(3) How feedback from American Indians with disabilities will be
included in the evaluation;
(4) How the data and results from the evaluation will be used to
make necessary adjustments and improvements to AIVRS projects and
training of AIVRS personnel.
Priority 2: Partnership Between a Four-Year Institution of Higher
Education and a Two-Year Community College or Tribal College
Applicants will demonstrate, in the narrative portion of their
application, that the Institute reflects a collaboration of knowledge,
experience, skills, faculty, curricula resources, and technology
between a four-year IHE and a two-year community college or tribal
college in order to deliver a high-quality
[[Page 47584]]
structured program of training on foundational VR knowledge and skills
in a culturally appropriate manner.
Applicants are required to submit a partnership agreement, in
addition to the narrative portion of their application. The partnership
agreement must be signed by the president and chief financial officer
of both parties. Applicants must include a brief description in the
partnership agreement of how the partnership will operate each year
during the five-year grant period of performance. Applicants must also
summarize in the agreement how information regarding the progress of
the grant, as well as any issues and challenges, will be communicated;
what steps will be taken to resolve conflicts; the roles,
responsibilities, and deliverables of each party; and the arrangements,
if any, for supporting the program with resources, that are not paid
for by the award. Finally, applicants must provide a brief strategy in
the agreement to sustain the partnership and the structured training
program after the Federal investment ends.
Types of Priorities:
When inviting applications for a competition using one or more
priorities, we designate the type of each priority as absolute,
competitive preference, or invitational through a notice in the Federal
Register. The effect of each type of priority follows:
Absolute priority: Under an absolute priority, we consider only
applications that meet the priority (34 CFR 75.105(c)(3)).
Competitive preference priority: Under a competitive preference
priority, we give competitive preference to an application by (1)
awarding additional points, depending on the extent to which the
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2)
selecting an application that meets the priority over an application of
comparable merit that does not meet the priority (34 CFR
75.105(c)(2)(ii)).
Invitational priority: Under an invitational priority, we are
particularly interested in applications that meet the priority.
However, we do not give an application that meets the priority a
preference over other applications (34 CFR 75.105(c)(1)).
This notice does not preclude us from proposing additional
priorities, requirements, definitions, or selection criteria, subject
to meeting applicable rulemaking requirements.
Note: This notice does not solicit applications. In any year in
which we choose to use these priorities, we invite applications
through a notice in the Federal Register.
Executive Orders 12866 and 13563
Regulatory Impact Analysis
Under Executive Order 12866, the Secretary must determine whether
this regulatory action is ``significant'' and, therefore, subject to
the requirements of the Executive order and subject to review by the
Office of Management and Budget (OMB). Section 3(f) of Executive Order
12866 defines a ``significant regulatory action'' as an action likely
to result in a rule that may--
(1) Have an annual effect on the economy of $100 million or more,
or adversely affect a sector of the economy, productivity, competition,
jobs, the environment, public health or safety, or State, local, or
tribal governments or communities in a material way (also referred to
as an ``economically significant'' rule);
(2) Create serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impacts of entitlement grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles stated in the
Executive order.
This final regulatory action is not a significant regulatory action
subject to review by OMB under section 3(f) of Executive Order 12866.
We have also reviewed this final regulatory action under Executive
Order 13563, which supplements and explicitly reaffirms the principles,
structures, and definitions governing regulatory review established in
Executive Order 12866. To the extent permitted by law, Executive Order
13563 requires that an agency--
(1) Propose or adopt regulations only upon a reasoned determination
that their benefits justify their costs (recognizing that some benefits
and costs are difficult to quantify);
(2) Tailor its regulations to impose the least burden on society,
consistent with obtaining regulatory objectives and taking into
account--among other things and to the extent practicable--the costs of
cumulative regulations;
(3) In choosing among alternative regulatory approaches, select
those approaches that maximize net benefits (including potential
economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity);
(4) To the extent feasible, specify performance objectives, rather
than the behavior or manner of compliance a regulated entity must
adopt; and
(5) Identify and assess available alternatives to direct
regulation, including economic incentives--such as user fees or
marketable permits--to encourage the desired behavior, or provide
information that enables the public to make choices.
Executive Order 13563 also requires an agency ``to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible.'' The Office of
Information and Regulatory Affairs of OMB has emphasized that these
techniques may include ``identifying changing future compliance costs
that might result from technological innovation or anticipated
behavioral changes.''
We are issuing these final priorities only on a reasoned
determination that their benefits justify their costs. In choosing
among alternative regulatory approaches, we selected those approaches
that maximize net benefits. Based on the analysis that follows, the
Department believes that this regulatory action is consistent with the
principles in Executive Order 13563.
We also have determined that this final regulatory action does not
unduly interfere with State, local, and tribal governments in the
exercise of their governmental functions.
In accordance with both Executive orders, the Department has
assessed the potential costs and benefits, both quantitative and
qualitative, of this regulatory action. The potential costs are those
resulting from statutory requirements and those we have determined as
necessary for administering the Department's programs, projects, and
activities.
Intergovernmental Review: This program is subject to Executive
Order 12372 and the regulations in 34 CFR part 79, unless the applicant
is a federally recognized Indian tribe. One of the objectives of the
Executive order is to foster an intergovernmental partnership and a
strengthened federalism. The Executive order relies on processes
developed by State and local governments for coordination and review of
proposed Federal financial assistance.
This document provides early notification of our specific plans and
actions for this program.
Accessible Format: Individuals with disabilities can obtain this
document in an accessible format (e.g., braille, large print,
audiotape, or compact disc) by contacting the Grants and Contracts
Services Team, U.S. Department of Education, 400 Maryland Avenue SW.,
Room 5075, PCP, Washington, DC 20202-2550. Telephone: (202) 245-
[[Page 47585]]
7363. If you use a TDD or a TTY, call the FRS, toll free, at 1-800-877-
8339.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. Free
Internet access to the official edition of the Federal Register and the
Code of Federal Regulations is available via the Federal Digital System
at: www.gpo.gov/fdsys. At this site you can view this document, as well
as all other documents of this Department published in the Federal
Register, in text or Adobe Portable Document Format (PDF). To use PDF
you must have Adobe Acrobat Reader, which is available free at the
site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at:
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Dated: August 11, 2014.
Michael K. Yudin,
Acting Assistant Secretary for Special Education and Rehabilitative
Services.
[FR Doc. 2014-19285 Filed 8-13-14; 8:45 am]
BILLING CODE 4000-01-P